The English Court of Appeal in Shell UK Ltd & Ors v Total UK Ltd & Ors [2010] EWCA Civ 180 has decided (at [142]) that a duty of care is owed to a beneficial owner of property by a defendant who can reasonably foresee that his negligent actions will damage that property. If, therefore, such property is, in breach of duty, damaged by the defendant, that defendant will be liable not merely for the physical loss of that property but also for the foreseeable consequences of that loss, such as the extra expenditure to which the beneficial owner is put or the loss of profit which he incurs. Provided that the beneficial owner can join the legal owner in the proceedings, it does not matter that the beneficial owner is not himself in possession of the property.